Jury convicts Colvin on charges

Posted: Tuesday, Dec 4th, 2012BY: Ed Close, Herald Reporter

EVANSTON — Evanston resident Kary Colvin faced five misdemeanor counts Nov. 29 stemming from incidents on June 22 of this year, including a high speed chase down Interstate 80. Colvin was charged with one count of breach of peace, one count of speeding, one count of eluding police officers and two counts of reckless endangering.

Judge Daniel Forgey, of Rock Springs, swore in the six-member jury. After a brief recess, opening statements commenced before witnesses were called.

Two witnesses were employees of the Evanston McDonald’s restaurant, where the alleged incidents began. Shift manager Zack Harris testified Colvin was in the local McDonald’s on June 22, and was very loud and rude. Harris testified Colvin also used obscene language, calling him a “faggot” and a “gimp.”

Colvin was told he needed to leave the restaurant. It was further testified both shift managers called the Evanston Police at that time. Harris went on to say he followed Colvin out of the restaurant to make sure he left the premises. A police officer arrived on the scene while Harris was outside the building.

Officer Jacob Nelson was then called to the stand, and testified he arrived on the scene and talked to Colvin.

“I asked him what was going on,” Nelson testified. “I asked him if he would stop the vehicle and he said ‘No.’ I told him again he needed to stop the vehicle, and he said, ‘No,’ [and that] I could follow him home and talk to him there.”

The fourth witness called was a minor, who will be referenced as K.C. K.C. testified he and his brother were there with Colvin and Colvin was very loud and used the words “shut up” and “damn it.” K.C. further testified a police officer came to the car and talked with Colvin after they left the restaurant.

“Kary told us to hold on,” K.C. testified. “He was drinking and driving.”

“How do you know?” prosecuting attorney Blaine Nelson asked.

“I saw the beer,” K.C. replied.

Officer Chris Bracken was called to the stand and testified he responded to a call of a disturbance at McDonald’s. Bracken further testified he saw the suspect vehicle make an illegal U-turn at the corner of Front and Third streets and travel toward the I-80 onramp.

When questioned further, Bracken testified he turned on his overhead lights and pursued the vehicle, a silver Mercedes. Bracken stated that, by the time he entered the freeway at a speed of 85 mph, Colvin was too far ahead and traveling too fast for him to catch the vehicle.

Bracken then testified he stopped the pursuit because he felt traffic conditions were unsafe. The officer said he then proceeded to Colvin’s residence.

“I asked him why he ran away from me,” Bracken said. “He said he didn’t.”

Both the prosecution and defense entered items into evidence, including photographs. Bracken testified the call was dispatched at 7:19 pm.

“I saw there was no chance of catching his vehicle.” Bracken stated.

Prosecutor Blaine Nelson gave closing arguments, and asked for a guilty verdict to all five charges after summarizing the testimony given by the witnesses.

Defense attorney Jack Vreeland asked for a verdict of not guilty to all the charges, stating that proof, rather than speculation, must be used, and further stated the testimony of Bracken was confusing, and no radar equipment was used to record the speed of Colvin’s vehicle.

The jury was let out of the courtroom to deliberate at 4:20 pm. The verdict came in about 6 p.m. Colvin was found guilty of breach of peace and eluding, but was found not guilty on the other three charges.

Sentencing was handed down at that time. Colvin was sentenced to pay a $750 fine, $250 suspended, $40 in court costs, $200 to the Crime Victim’s Fund and serve six months unsupervised probation. Colvin was also ordered to complete an anger management evaluation, as a result of the breach of peace charge.

Colvin was sentenced to pay a $750 fine, $250 suspended, $40 in court costs, submit to six months unsupervised probation, and was to repay public defender fees, on the eluding charge.